NORFOLK – A mother charged in the starvation death of her 10-month old daughter is not competent to stand trial at this time, a Norfolk judge ruled Wednesday.

Heaven Smith’s attorney requested the evaluation when the case went into Circuit Court.

"If she’s not competent at time of the evaluation, her sanity at the time of the child’s death can’t be determined," explained Norfolk Commonwealth’s Attorney spokeswoman Amanda Howie.

Smith and Corey Alan Bryant are charged in the death of little Miracle Grace on April 8.  Her twin, Heaven, was treated at Naval Medical Center Portsmouth for several weeks and then released to family.

Officers testified during Smith’s preliminary hearing earlier this year that the family's home on Monitor Way was in terrible condition. One officer said there were 172 dirty diapers on the floor in the babies' room, mold growing on baby food jars and no sign of fresh bottles.

From Norfolk Police Dept.

Heaven K. Smith and Corey Alan Bryant

When Miracle Grace died at DePaul Medical Center, she weighed nine pounds, half what doctors say she should have weighed, prosecutors said.

Howie said Wednesday that Smith will now go to a hospital to have her competency restored.  A new hearing is set for January 12, 2009.

Smith is facing charges of first and second degree murder, felony homicide, aggravated malicious wounding and two counts of child cruelty/neglect/abuse.

Bryant is set to stand trial on November 20 on charges of felony homicide and two counts of child cruelty/neglect/abuse.